JEET SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a petition under Section 482 Cr. P.C. against the order passed by the learned Additional Sessions Judge No. 2, Hanumangarh Camp Suratgarh dated 4/8/1990 whereby the learned Additional Sessions Judge has set aside the order passed by the learned Munsif and judicial magistrate, Suratgarh dated 19/10/1989 whereby the learned Magistrate has refused to take cognizance against the accused and dismissed the protest petition and accepted the [mal report submitted by the Police.

(2.) Aggrieved against this order of the learned Magistrate the complainant filed a revision petition before the Additional Sessions Judge, Hanumagarh Camp Suratgarh and the learned Additional Sessions Judge set aside the order and held that the learned Magistrate has not proceeded in the matter properly and remanded the case back to the learned Magistrate. Aggrieved against this order, this petition under Section 482 Cr. P.C. has been filed before this Court by the accused Jeet Singh.

(3.) The only submission urged before me by the learned Counsel for the petitioner. Mr. Bhagwati Prasad is that while entertaining the revision petition and setting aside the order of the learned Magistrate dated 19/10/1989 the petitioner Jeet Singh should have also been heard by the learned Additional Sessions Judge but as he was not heard therefore this petition should be allowed and the case should be remanded back to the learned Additional Sessions Judge to hear the petitioner before setting aside of the order of dismissal of the complaint. As against this Mr. Kharlia, learned Counsel for the respondent submitted that it is not necessary to hear the petitioner as no process was issued against the petitioner. Therefore, it is not necessary for the Revisional Court to hear the petitioner.